The Weighing Equipment (Non-automatic Weighing Machines) Regulations 2000

PART IV E+W+S TESTING

32.—(1) Every non-automatic weighing machine submitted for testing shall be completely assembled and in a clean condition. E+W+S

(2) For the purposes of the performance by an inspector of his functions under the Act or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any non-automatic weighing machine, a person submitting such a machine to an inspector or who an inspector has reasonable cause to believe has control of such a machine for use for trade shall, if requested, provide for the inspector’s use such material or items required by regulations 34 and 35 below as the inspector may reasonably require, and any material or items so provided shall be returned to the person in question.

Commencement Information

I1 Reg. 32 in force at 2.5.2000, see reg. 1(1)

33.  No non-automatic weighing machine which is to be permanently installed in the position in which it is to be used shall be tested, passed as fit for use for trade and stamped unless it has been completely erected ready for use and installed in the position in which it is to be used. E+W+S

Commencement Information

I2 Reg. 33 in force at 2.5.2000, see reg. 1(1)

34.—(1) Every non-automatic weighing machine, where the maximum load does not exceed 5 tonnes, shall be tested by the use of weights complying with the Weights and Measures (Local and Working Standard Weights and Testing Equipment) Regulations 1986(1) as set out in the following Table— E+W+S

Accuracy Classification	Weights to be used
Class I and Class II	Local standard weights, working standard weights which fall within the prescribed limits of error relating to the equivalent local standard weights, test weights not greater than 20 kilograms which fall within the prescribed limits of error relating to the equivalent local standard weights, or test weights greater than 20 kilograms which fall within 0.15 of the prescribed limits of error for the test weights in question
Class III and having more than 5,000 scale intervals	Local standard weights, working standard weights, test weights not greater than 20 kilograms, or test weights greater than 20 kilograms which fall within half the prescribed limits of error for the test weights in question
Class III and having no more than 5,000 scale intervals and Class IIII	Local standard weights, working standard weights or test weights.

(2) Where the maximum load of a machine exceeds 5 tonnes, the test loads shall consist of a minimum of 5 tonnes of weights complying with the Regulations referred to in paragraph (1) above and may consist of loose material for the remainder up to the maximum load.

Commencement Information

I3 Reg. 34 in force at 2.5.2000, see reg. 1(1)

35.  Every non-automatic weighing machine designed to be operated by means of a coin, currency note, credit card or other such device as specified in the published particulars of the approved pattern shall be tested by use of the coin, currency note, credit card or device as appropriate. E+W+S

Commencement Information

I4 Reg. 35 in force at 2.5.2000, see reg. 1(1)

Non-automatic weighing machines imported from [F1 a member State] or an EEA State E+W+S

36.—(1) In relation to any non-automatic weighing machine imported into Great Britain from [F2 a member State] or from an EEA State, subject to paragraph (4) below, an inspector shall not carry out any test in accordance with these Regulations if, together with the machine being imported, he is presented with the requisite documentation.

(2) In this regulation and in regulation 39(5) below—

(a) “requisite documentation” means—

(i) the test report of an approved body that the machine which is the subject of that report has been tested on the same basis as those set out in these Regulations and stating which tests have been applied to it; and

(ii) the test results relating to those tests; and

(b) “EEA State” means a State which is a Contracting Party to the EEA Agreement and in this paragraph “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

[F3 (3) A body is an “approved body” for the purposes of this regulation if it is a body in a member State or in an EEA State which has responsibility in that State for metrological control of non-automatic weighing machines or is a laboratory which has been accredited for the purposes of testing non-automatic weighing machines in a member State or in an EEA State as being a body which conforms with the criteria set out in BS EN ISO/IEC 17025:2000.]

(4) Nothing in these Regulations shall prevent an inspector testing in accordance with the foregoing provisions of this Part of these Regulations where he is not satisfied—

(a) as to the authenticity of the test report or the results presented to him; or

(b) that the test results presented to him are results which in fact relate to the machines being imported.

Textual Amendments

F2 Words in reg. 36(1) substituted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 36(3) substituted (28.2.2003) by The Weights and Measures (Standards Amendment)Regulations 2003 (S.I. 2003/214), reg. 1, Sch. para. 9

Commencement Information

I5 Reg. 36 in force at 2.5.2000, see reg. 1(1)

37.—(1) Subject to paragraph (2) below, every non-automatic weighing machine shall be tested in accordance with the appropriate testing procedures specified in Schedule 2 to these Regulations or, where appropriate, those specified in the published particulars of the approved pattern; provided that the procedures specified in paragraphs 15 and 16 of that Schedule shall not be carried out unless the inspector considers it necessary to do so having regard to the characteristics of the machine or to the particular circumstances.

(2) In the case of a machine marked with an approved minimum load, the limits of error specified in Schedule 3 to these Regulations shall apply for test loads of less than the amount of that load.

Commencement Information

I6 Reg. 37 in force at 2.5.2000, see reg. 1(1)

(1)

S.I. 1986/1685 as amended by S.I. 1994/1851.